Saturday, May 29, 2010

10-05-29 OCC Case #01070442: Further details regarding racketeering schemes by Bank of America, and Countrywide before it, in courts across the US // Caso # 01070442 OCC: otros detalles relativos a los regímenes de chantaje por parte de Bank of America, y antes de Countrywide que, en los tribunales en los EE.UU. // OCC Case # 01070442: Weitere Details zur Erpressung Systeme durch Bank of America und Countrywide, bevor es, in den Gerichten in den USA

John Dugan
US Comptroller of the Currency

John Dugan,
US Comptroller of the Currency
Kevin Bailey
Deputy Comptroller of the Currency
By email

RE: OCC Case #01070442: Further details regarding racketeering schemes by Bank of America, and Countrywide before it, in courts across the US.

Dear Comptroller Dugan and Deputy Comptroller Bailey:

Please notice clarifications to press release posted online, copied below. 

Ongoing refusal of Office of the US Comptroller of the Currency to enforce the law on Bank of America and Brian Moynihan places US and world markets at risks that are difficult or impossible to assess.  Needless to say - such conduct by the Comptroller of the Currency defies any notion of risk reduction.

Joseph Zernik, PhD
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Complaint Alleging Racketeering by Bank of America and Brian Moynihan Pending Before Comptroller of the Currency Liveleak Live - Current Event 

In response to press release, comments were left which made it clear that the nature of alleged court racketeering schemes was not clear enough, so here are some clarifications:

"through appearances of false counsel under the false party designation of 'NON PARTY' under caption of Samaan v Zernik"

What? I can't make sense of this article. But, as a Bank of America customer, I have no doubt this guy's a crook.

Posted 3 hours ago by "mikecurse" (R) United States

Dear "mikecurse":

Realizing that most honest persons would have difficulty in understanding the range of routine convoluted criminal schemes employed by large US banking institutions in courts across the United States, here are some additional details, which did not fit into the press release format:

1) PARTY DESIGNATIONS SCHEME - In civil litigations of the Superior Court you have Plaintiff, Defendant, Cross-Defendant, Intervenor,etc. However, there is NO such party designation as "
NON PARTY". Countrywide and Bank of America have been filing papers alleged as obstruction and extortion in the courtroom for 2.5 years under party designation "NON PARTY". Think about it as if in a football game, a third team appeared on the field, assisting one of the two legit teams, listed on the score board as "NON TEAM".
Sandor Samuels, Associate General Counsel of Bank of America appeared in the same case under the false party designation of "

2) FALSE COUNSEL SCHEME - The idea is that counsel appears without being authorized to appear by his client - in this case - Bank of America. That way, Bank of America purports to have no liability for conduct of such counsel, retained by Bank of America, but not as counsel of record in the given caption. The scheme is made even more fraudulent when Bank of America or Countrywide (and others - it is a common scheme) retain such counsel with "no communications with client clause" - to ensure deniability. Think about it as if you hired a hit man to kill somebody, with "no communications with client" clause in the contract, hoping to maintain deniability for the conduct of the hit man.
A reference was provided to a 72 page memorandum opinion of the Hon Jeff Bohm, Judge, Houston Texas, who described the schemes in great detail in the unrelated case of Borrower Parsley in that court.
[1] In March 2008, in the Houston Court Countrywide made promises to Judge Bohm to cease such fraudulent practices in courtrooms across the US (the Court of Judge Bohm engaged in a full year study of Countrywide's fraudulent practices in courts across the US. However, Countrywide, and Bank of America after it, continue such practices to this date in Los Angeles, California.

3)FILING OF FABRICATED BANKING RECORDS - For those of short memory, one should recall that the collapse of Countrywide in January 2008 was unrelated to the performance of its loan portfolios. Instead - it was the market's reaction to the publication by the New York Times, that Countrywide was caught in the Pittsburgh Court of Hon Thomas Agressio, Case of Borrower Hill, filing as evidence "
RECREATED LETTERS". [2] Countrywide and Bank of America after it, continue the practice to this date in the Los Angeles Courts.

Mind you, all of this is taking place after Kenneth Lewis III  had to step down as President of BofA January 1, 2010, as concerns were mounting that he would be prosecuted for securities fraud.  Brian Moynihan was appointed to replace him as President of BofA - to ensure investors and others of integrity of Bank of America senior management.  However, Brian Moynihan rise to the top was marked by his appointment on December 10, 2008 to replace Timothy Mayopoulos as Bank of America General Counsel. The evidence produced in the case at hand documented that Mayopoulos halted racketeering conduct at the courts, Moynihan permitted it to be resumed full speed.

Please also keep in mind that all of this is taking place after SEC and US banking regulators repeatedly promised US Congress and the international community to "shore up" US banking regulation.

[1] Case of Borrower Parsley - Houston, TX, Judge Bohm Memorandum Opinion
[2] Case of Borrower Hill - Pittsburgh, PA

Posted very recently by "jz12345" (R) United States

The original press release and comments: